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(영문) 서울북부지방법원 2020.06.19 2020가단104597

청구이의

Text

1. The part of the instant lawsuit, which requested cancellation of attachment, shall be dismissed.

2. The defendant's Seoul Northern District Court against the plaintiff.

Reasons

1. On August 21, 2019, the Plaintiff: (a) paid KRW 1,010,000 to the Defendant on June 13, 2019, the Seoul Northern District Court Decision 2018Da38929 (hereinafter “Seoul Northern District Court”); and (b) paid KRW 433,100 for the cancellation of attachment on August 25, 2019; and (c) accordingly, the Plaintiff sought non-permission of compulsory execution and cancellation of attachment based on the said protocol.

2. Judgment with no applicable provisions of Acts (Article 208 (3) 1 of the Civil Procedure Act);

3. The Plaintiff filed a claim against the Defendant to cancel the seizure of passbook based on the conciliation protocol as of June 13, 2019 in Seoul Northern District Court 2018Gaso38929 (hereinafter “Seoul Northern District Court”). However, if compulsory execution based on the above conciliation protocol is rejected, the Defendant is obliged to release all seizure based on the above conciliation protocol, and thus, there is no benefit to file a lawsuit separately from the rejection of compulsory execution based on the above conciliation protocol.

Therefore, this part of the claim is illegal and dismissed.